Citation : 2026 Latest Caselaw 2816 Kant
Judgement Date : 1 April, 2026
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CRL.P No. 2694 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 2694 OF 2026
BETWEEN:
1. LOHINI PRANESH,
W/O AMARNATH,
AGED ABOUT 36 YEARS,
R/AT KANASU NO.319,
6TH CROSS, PAKEGOWDA PALYA,
HESARAGATTA, SILVEPURA,
PO SILVEPURA, DISTRICT,
BENGALURU, KRANATAKA, 560090.
(AS PER AADHAR CARD)
2. M. HEMAVATHY,
W/O LATE T PRANESH,
AGED ABOUT 59 YEARS,
R/AT 32/5, DODDABETTAHALLI
MAIN ROAD, VEERASANDRA,
BENGALURU, ATTUR,
Digitally signed
by SANJEEVINI J KARNATAKA, 560064.
KARISHETTY (AS PER AADHAR CARD)
Location: High
Court of 3. PRAVAGNA PRANESH,
Karnataka
S/O M. HEMAVATHY,
AGED ABOUT 32 YEARS,
R/AT 32/5, DODDABETTAHALLI
MAIN ROAD, VEERASANDRA,
BENGALURU, ATTUR,
KARNATAKA, 560064.
(AS PER AADHAR CARD)
...PETITIONERS
(BY SRI. LAKSHMIKANTH K., ADVOCATE)
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CRL.P No. 2694 of 2026
HC-KAR
AND:
1. STATE OF KARNATAKA BY
SOLADEVANAHALLI POLICE
STATION, BENGALURU DISTRICT,
REP BY ITS STATE PUBLIC
PROSECUTOR, HIGH COURT BUILDING
BENGALURU - 01.
2. DEEPAK T R,
S/O RANGASWAMY,
AGED ABOUT 36 YEARS,
R/AT NO.319, 6TH CROSS,
JANTHA COLONY,
KASAGATTAPURA,
BENGALURU CITY,
KARNATAKA, 560 090.
...RESPONDENTS
(BY SRI.B.N.JAGADEESHA, ADDL. SPP FOR R1)
THIS CRIMINAL PETITION FILED UNDER SECTION 482
CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE
PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN
C.C.NO.16544/2021 ARISING OUT OF CR.NO.68/2021
REGISTERED BY SOLADEVANAHALLI P.S., FOR THE OFFENCES
P/U/S 341, 323, 504, 506 R/W 34 OF IPC, PENDING BEFORE
THE CJM, BENGALURU RURAL, AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 2694 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question
proceedings in C.C.No.16544/2021, pending before the CJM,
Bengaluru Rural at Bengaluru, for the offences under Sections
341, 323, 504, 506 read with Section 34 of IPC.
2. Heard Sri. Lakshmikanth K, learned counsel
appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl.
SPP appearing for respondent No.1 and have perused the
material on record.
3. During the pendency of the proceedings, the parties
to the lis have settled the dispute among themselves by way of
compromise petition before the Principal 2nd Additional Judge
Family Court at Bangalore in M.C.No.4511/2020, the certified
copy of which is filed before this Court. The said compromise
petition reads as follows:
"COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE:
The Petitioner and Respondent above named beg to state as follows:
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1. The marriage between the Petitioner and Respondent was solemnized on 25.05.2008 at Sri Gangadhareshwara Kalyana Mantapa, 5th Mile, Bangalore-Bellary Road (N. Η.
7), Kodigehalli Gate, Bengaluru - 560 024, as per the Hindu rituals and customs. we are blessed with children, the first child named as GYAN. D.R 12-year-old, and the second child named as ISHTARTH. D.R 5-year-old and the same is admitted by the parties herein.
2. The marriage between the parties has broken down due to irreconcilable differences, temperamental differences, differences in outlook and compatibility and as such they have decided to part ways by seeking divorce by mutual consent and amicable settlement.
3. Both the parties have executed this COMPROMISE PETITION without any force, undue influence, or coercion from any quarter.
4. It is submitted that, the Petitioner and Respondent are in joint possession of residential house property Registration No.YAN-1-00663-2019-20 stored in CD No.YAND753 registered in the Office of the Senior Sub- Registrar, Yelahanka, Bengaluru. bearing No.319, Property S1. No.150200200200200506, given by the Department of Karnataka Rural Development and Panchayath Raj, and Panchayath Raj Khatha No.225/319 in Sy. No.68 of Kasaghattapura Village Panchayath, Kasaghattapura Janatha Colony, Hesaraghatta Hobli, Bengaluru, North Taluk. The Petitioner has agreed to relinquish the right of this self-acquired property in favor of the children by name GYAN DR and ISTHARTH DR by considering their interest in terms of education and other all expenses which inclusive of all in terms of their growth. Respondent agreed to take care of the children in all terms and as a natural guardian of children, Respondent hereby agreed to relinquish the rights of her and also represented as a natural guardian to relinquish the rights of the children in respect to the petitioner's ancestor's all properties whatsoever. Since the respondent agreed to relinquish her rights by assuring that the children also not going to claim in any manner or whatsoever, the petitioner is hereby agreed to relinquish the above said joint property share rights where the
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petitioner has. That the respondent agreed to pay the remaining balance of the bank and the pending EMI's of the loan sanctioned against the above said property to M/s Bajaj Housing Finance Limited. The petitioner is nowhere responsible in terms of the pending EMI's. the Respondent also hereby agrees that she will not sale/rent/lease/transfer the property till both the children attain majority.
5. It is submitted that, Respondent has also agreed that she is not going to claim any property either ancestral or self-acquired in the name of petitioner either by herself or by her children by name GYAN DR & ISTHARTH DR. If any dispute or claim by children in respect to the Petitioner's ancestor's properties or any other self-acquired properties, the Petitioner hereby reserves the right to take back the self-acquired above said property which is relinquished in favor of children herein.
6. It is submitted that, Respondent will have all the rights to collect original documents pertaining to said property from M/s Bajaj Housing Finance Limited post closure of loan
7. It is submitted that, Respondent also agreed that she is not going to claim any property from the Petitioner when/after their children attains majority.
8. It is submitted that, the Petitioner is also agreeing to transfer his 2 wheelers bearing No. KA-50-L-8677 (HONDA DIO) and KA-50-5-9829 (TVS XL) to Respondent which is in their house from beginning of days and which is in her possession from 5 years. Petitioner agrees to transfer the vehicles by signing RTO Form No.29 & 30 according to MVC Act.
9. In view of the above said settlement between the Petitioner and Respondent, the MC No.4511/2020 filed by the Petitioner may be disposed of as prayed in the above said divorce petition. And also, the OS No. 120/2021 filed by the Petitioner/Plaintiff is disposed of as prayed in that Plaint.
10. It is submitted that, the custody of the children will be vested with the Respondent and the Petitioner will have visitation rights once in a month that is on 1st Sunday of
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every month between 10 am to 6 pm., at Sheshadri Iyer Memorial Hall, Cubbon Park, Bangalore as agreed by both the parties. Respondent here agrees to drop the children at 10am in the above said location with Petitioner and Respondent will pick up the children at 6pm on first Sunday of every month. Both the parties here agree to communicate with respect to exceptions in terms of visiting arrangements of Petitioner. Respondent here agrees to update the Petitioner on his mobile 9972215497. Petitioner here agrees to update the Respondent on her mobile 9108966668. For any reason if Respondent fails to bring the children on 1st Sunday of a month, Respondent agrees to communicate to Petitioner in advance and bring the Children on following Sunday without any excuses.
11. It is further submitted that, both the parties have agreed to withdraw the cases filed by the Petitioner against the Respondent in CC No.16544/2021 which is pending in CJM, AT BENGALURU and the Respondent filed the case against the Petitioner in CC No.8707/2021 which is pending in CJM, AT BENGALURU before the learned magistrate.
12. It is submitted that, Petitioner has also agreed that he will not claim any property from respondent or children unless the respondent or children deviate from any of the terms as said above in this petition.
13. Both the parties agreed and record their respective consent herein given put of free will and violation for the marriage to be dissolved. There has been no coercion or undue influence exercised be either of parties for the consent.
14. Both the parties have agreed to abide by the terms of this settlement. By virtue of the amicable settlement arrived at between the parties, the suit of the Petitioner be disposed of in terms of the compromise. Both are entitled to seek a decree of dissolution of our marriage on the above grounds.
WHEREFORE, it is Humbly prayed that this Hon'ble Court be pleased to order for dissolution of marriage dated:
25/05/2008 & dispose of the above petition by way of
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decree of divorce in accordance with the terms of compromise by allowing the petition, in the interest of justice and equity."
4. In the light of compromise petition having been
filed and offences not being against the State, I deem it
appropriate to accept the compromise petition and terminate
the proceedings against the petitioners in the subject petition.
5. For the aforesaid reasons, the following:
ORDER
[I] Criminal Petition is disposed.
[II] Proceedings in C.C.No.16544/2021, pending before
the CJM, Bengaluru Rural at Bengaluru, stands
quashed qua the petitioners.
SD/-
(M.NAGAPRASANNA) JUDGE
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